LAWS OF MALAYSIA - Attorney General's … LAWS OF MALAYSIA Act 122 CONTROL OF SUPPLIES ACT 1961...

LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 122

CONTROL OF SUPPLIES ACT 1961

As at 1 December 2011

LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 122


As at 1 December 2011

2


First enacted … … … … 1961 (Act No. 14 of

1961)

Revised … … … … 1973 (Act 122 w.e.f.

17 September 1973)

Latest amendment made by

Act A1270 which came

into operation on … … … 14 September 2006

PREVIOUS REPRINTS

First Reprint … … … 1995

Second Reprint … … … 2000

Third Reprint … … … 2006

3

LAWS OF MALAYSIA

Act 122


ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation

3. Appointment of officers

4. Responsibilities of officers

5. Declaration of controlled and rationed articles

5A. Power to exempt

6. Regulations

PART II

POWERS OF CONTROLLER

7. Licences to sell controlled articles

8. Power of Controller to obtain information

9. Power of Controller to enter premises

10. Power of arrest, seizure, investigation and prosecution

11. Power of Controller to take possession of controlled articles, vehicles,

vessels and other articles

12. Action after taking of possession

13. Delegation of powers

14. Prohibition against selling greater quantity of controlled articles than

required for ordinary use

4 Laws of Malaysia ACT 122

Section

15. Prohibition of concealment or destruction of controlled article

PART III

OFFENCES AND PENALTIES

16. Offence to sell controlled articles without a licence

16A. Offence of falsely denying possession of, or refusing to sell, controlled

article

17. Retailers to display licence and list of controlled and rationed articles

18. Supply of rationed foodstuffs

19. Illegal conditions

20. Removal of controlled articles from business premises and storage of

controlled articles in premises other than licensed business premises, and

dealing in controlled articles otherwise than in normal course of business

21. Unlawful possession of controlled articles

22. Penalties

22A. Compounding of offences

23. Saving

PART IV

MISCELLANEOUS AND REPEAL

24. Minister may appoint Boards and Committees

24A. Information given by accused person admissible in evidence

25. Burden of proof

26. Power of court to confiscate

27. Jurisdiction of courts

28. Joinder of offences

29. Protection of informers

30. Repeal and saving

SCHEDULE

5

LAWS OF MALAYSIA

Act 122


An Act to provide for the control and rationing of supplies.

[Peninsular Malaysia—1 July 1963, L.N. 150/1963;

Sabah and Sarawak—5 March 1964, L.N. 80/1964]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Control of Supplies Act 1961.

Interpretation

2. (1) In this Act, unless the context otherwise requires—

“animal” includes birds, reptiles, fish and every kind of vertebrate

animal and the young thereof, and the eggs of birds, reptiles and fish;

“controlled article” means any article or food which has been

declared to be a controlled article by an order under section 5, and

includes a rationed article;

“Controller” means the officer appointed to be the Controller of

Supplies under section 3;

“food” includes any animal, whether alive or dead, and any

substance or commodity, which is used as food by man, or which is

used for feeding any animal which serves some purpose for the use of


man, whether as food or otherwise, or which ordinarily enters into the

composition or preparation of human food or of the food of any such

animal;

“offence against this Act” includes any contravention of or failure

to comply with any order or regulation made under this Act and any

contravention of or failure to comply with the terms and conditions of

any licence or permit issued or authority granted under this Act or the

regulations made thereunder and any failure to comply with any

request or direction lawfully made or given thereunder;

“premises” includes any house, shop, store, room, shed,

conveyance, structure or any place whether opened or closed;

“prescribed” means prescribed by the regulations;

“rationed article” means any article or food, or any kind, type,

quality or brand of article or food which has been declared to be a

rationed article by an order made under section 5;

“retail dealing” includes every sale of any article or food other than

wholesale dealing;

“supplies” includes every kind and type of article, food, commodity

or thing whatsoever;

“supplies officer” means any officer appointed under section 3

other than the Controller of Supplies;

“wholesale dealing” means any sale of any article or food in

whatever quantity for resale in the same form or state or as part of a

manufactured product.

(2) (Omitted).

Appointment of officers

3. The Yang di-Pertuan Agong may appoint a Controller of

Supplies, Deputy Controllers of Supplies, Assistant Controllers of

Supplies and such other officers as he may consider necessary or

expedient for the purposes of this Act.

Control of Supplies 7

Responsibilities of officers

4. (1) The Controller shall, subject to the general direction and

control of the Minister, perform the duties and exercise the rights and

powers imposed and conferred upon him by this Act.

(2) The Deputy Controllers, Assistant Controllers and all other

officers appointed under section 3 shall be under the direction and

control of the Controller.

(3) All officers appointed under section 3 shall be deemed to be

public servants for the purposes of the Penal Code [Act 574].

Declaration of controlled and rationed articles

5. The Minister may, by order published in the Gazette, declare,

either generally or with reference to some specified part of

Malaysia—

(a) any article or food to be a controlled article or to be a

rationed article or both; or

(b) any controlled article or rationed article to be marked with

any marking as he may specify.

Power to exempt

5A. The Minister may by order exempt, subject to any conditions as

he may deem fit to impose, any person or class of persons from all or

any of the provisions of this Act or any regulations made thereunder.

Regulations

6. (1) The Minister may make regulations generally for carrying

into effect the provisions of this Act.

(2) Without prejudice to the generality of the powers conferred

by subsection (1), any regulations made under this section may

provide for—


(a) prohibiting, either absolutely or subject to such conditions

as may be prescribed, the purchase, sale or barter of any

controlled article without the written permission of the

Controller;

(b) prohibiting, regulating or controlling the import or export

of any controlled article;

(c) prohibiting, regulating or controlling the movement of any

controlled article;

(d) limiting wholesale or retail dealing in any controlled

article to such persons as shall hold such licences or

permits therefor, as the regulations may prescribe;

(e) restricting the sale of any controlled article either by any

individual or generally by all persons dealing in the article

in any manner as the Minister shall deem fit;

(f) prohibiting, restricting or otherwise regulating or

controlling the manufacture or production of any

controlled article either generally or as regards form,

shape, quantity, quality, constituents or otherwise;

(g) regulating and controlling the rationing of any rationed

article and, without prejudice to such general power,

providing for the registration of all or any persons, or any

class of persons, for the purposes of the rationing and for

the issue of registration cards, ration cards and other ration

documents;

(h) appointing enumerators to enumerate the public for the

purposes of registration and rationing;

(i) regulating the distribution of any controlled article;

(j) regulating and controlling the milling of padi and the

polishing of rice and the sale thereof;

(k) limiting the quantity of any controlled article which may

be acquired or held by any person;


(l) providing for the keeping of books of account and other

records relating to any trade or business in the course of

which controlled articles are sold, and prescribing the

manner in which the books or records shall be disposed of

or preserved;

(m) prescribing the period and fees to be paid in respect of the

issue or renewal of any licence to sell controlled articles;

(n) providing for exemption from all or any of the provisions

of this Act or any regulations made thereunder;

(o) prescribing such forms as he may think necessary for use

in connection with any of the matters referred to in the

preceding paragraphs;

(p) prescribing the offences under this Act which may be

compounded, the amount of such compound and the

procedure to be followed in compounding; and

(q) regulating the marking of any controlled article.

PART II

POWERS OF CONTROLLER

Licences to sell controlled articles

7. (1) The Controller may, subject to this Act or any regulations

made thereunder and to such conditions as he may think fit, by

written licence authorize any person to sell wholesale or retail any

controlled article in any premises or at a place or places specified in

the licence.

(2) The Controller may issue or renew licences to deal in

controlled articles.

(3) Every licence issued under this section shall be valid for such

period as may be expressed therein and may, subject to any order

made by any court under subsection 22(3), be renewed for such

further period as the Controller thinks fit.


(4) Whenever, under this Act or any regulations made thereunder

any person is required to obtain a written licence or permit the person

shall, on demand, produce the licence or permit to the Controller or to

any police officer or to any supplies officer acting under authority of

the Controller and authorized to examine any person or supplies, or to

any person designated by the Controller to demand its production,

and any person who fails to do so shall be guilty of an offence against

this Act.

(5) The Controller may at any time, without any reason assigned,

vary the conditions of or suspend or revoke or refuse to renew any

licence or permit which he may have granted under this Act or any

regulations made thereunder.

(6) Any person aggrieved by the refusal of the Controller to issue

or renew a licence under this section or by any action of the

Controller under subsection (5), may appeal against the refusal or

action to the Minister, whose decision shall be final.

Power of Controller to obtain information

8. (1) The Controller or any supplies officer may by writing under

his hand or by notification in the Gazette require any person or class

or description of persons or all persons—

(a) to furnish him or such public officer as may be specified

in the requisition with full and accurate periodical or other

returns or information in respect of any supplies specified

therein, showing all or any of the following particulars:

(i) the quantity thereof in his or their possession or

under his or their control;

(ii) the cost thereof or expense incurred in respect

thereof;

(iii) the price charged or received by him or them

therefor; and

(iv) any other information which the Controller may

deem necessary to request in respect thereof;


(b) to produce for inspection all or any books or documents

relating to any supplies in his or their possession or under

his or their control;

(c) to register his or their name and address and such other

particulars and in such manner as the Controller may

specify; and

(d) to maintain such records or to make such returns

containing such particulars relating to the acquisition,

disposal, deposit, withdrawal, production, treatment,

keeping, storage, movement, transport, distribution, use

and consumption of any supplies as the Controller may

specify.

(2) Any person to whom a requisition has been made under

subsection (1) shall comply therewith within such time as may be

specified in the requisition or, if no time is specified, without

unnecessary delay.

(3) The Controller or any supplies officer under subsection (1)

may impound and detain any book or document produced in

compliance with any requisition made under subsection (1) if in his

opinion it contains evidence of the commission of an offence against

this Act.

(4) Any person who—

(a) contravenes or fails to comply with subsection (2) or

obstructs or impedes the Controller or any person

authorized by him in the lawful exercise of any of his

powers under this section; or

(b) refuses to answer or knowingly gives a false answer to

any question or refuses to produce any book or document

required for obtaining any information to be furnished in

pursuance of an offence,

shall be guilty of an offence against this Act.


Power of Controller to enter premises

9. (1) For the purposes of testing the accuracy of any record kept

or return made or information given to the Controller under section 8

or of obtaining information or in any case where the Controller or any

supplies officer has reasonable grounds for believing that an offence

has been committed, the Controller, or any supplies officer, after

producing to the occupier the written authority, may enter any

premises belonging to or in the occupation of, any person keeping or

making or who has failed to keep or to make, any such record or

return or has failed to give any such information or in which the

Controller or the supplies officer has reason to believe that any

supplies, with respect to which a requisition under section 8 has been

made are kept, stored, manufactured or produced or in which he has

reasonable grounds for believing that an offence against this Act is

being or has been committed and may carry out such inspections and

examination (including the inspection and examination of books) as

he may consider necessary and may seize and detain any books,

documents or other things or supplies found in those premises which

may furnish evidence of the commission of an offence against this

Act.

(1A) Notwithstanding subsection (1), the Controller or any supplies

officer may at any reasonable time—

(a) enter any premises where he believes any controlled

article is stored, used, distributed or sold, examines and

takes samples of the controlled article and examine

anything that he believes is used or capable of being used

for the storage, usage, distribution or sale of the controlled

article; and

(b) examine any book, document or other records found in

any premises mentioned in paragraph (a) that he believes

contain any information relevant to any controlled article

and make copies thereof or take extracts therefrom.

(1B) Any owner, occupier or person in charge of any premises

entered by any supplies officer pursuant to paragraph (1A)(a), or any

person found therein, who does not give to the supplies officer all

reasonable assistance in his power or to furnish him with all the


information as he may reasonably require, shall be guilty of an

offence against this Act.

(2) Where, as a result of any inspection and examination made

under subsection (1) or (1A), there is any discrepancy between the

quantity or quality of any supplies found and any record or return

required to be kept or made or any information given in respect of

those supplies, the person required to keep the record or to make the

return or to give the information shall be guilty of an offence against

this Act.

(2A) Any supplies officer entering any premises by virtue of this

section may take with him such other persons and such equipment as

may appear to him necessary.

(3) Any person who obstructs or impedes the Controller or any

supplies officer in the lawful exercise of any of his powers under this

section shall be guilty of an offence against this Act.

Power of arrest, seizure, investigation and prosecution

10. (1) The Controller and any supplies officer, any police officer

not below the rank of Inspector or any customs officer if so

authorized by the Controller in writing, may—

(a) arrest without warrant any person whom he has reason to

believe to have committed an offence against this Act, if

the person refuses to furnish his name and address or

furnishes an address out of Malaysia or there are

reasonable grounds for believing that he has furnished a

false name or address or that he is likely to abscond:

Provided that when any person has been arrested as

aforesaid he shall be thereafter dealt with as provided by

the Criminal Procedure Code [Act 593]; and

(b) seize any supplies which he considers it necessary to seize

in relation to the evidence necessary to establish the

commission of any such offence.

(1A) Every supplies officer, police officer or customs officer when

acting against any person under this Act, shall declare his office and


shall on demand produce to the person against whom he is acting

such authority card as the Controller or, in the case of a police

officer, the Inspector General of Police or, in the case of customs

officer, the Director General of Customs may direct to be carried by

such officer.

(2) The Controller and any supplies officer authorized in writing

by the Controller in that behalf, any police officer not below the rank

of Inspector, may in relation to any investigation in respect of any

offence against this Act without order of the Public Prosecutor

exercise the special powers in relation to police investigations given

by the Criminal Procedure Code in any seizable case.

(3) Any prosecution in respect of an offence against this Act may

be conducted by the Controller, a Deputy Controller or other supplies

officer, or by any person authorized to conduct prosecutions under

the Price Control Act 1946 [Act 121].

Power of Controller to take possession of controlled articles,

vehicles, vessels and other articles

11. (1) If the Controller or supplies officer has reason to believe

that any person is committing an offence against this Act, he may

take possession in such manner as he shall deem fit of any controlled

article in respect of which he has reason to believe such an offence

has been committed or of any vehicle, vessel or other article by

means of which any such offence has been committed or which he

has reason to believe is intended to be used for the commission of

that offence.

(2) Any person who obstructs or impedes the Controller or any

supplies officer in the lawful exercise of his powers under this section


Action after taking of possession

12. (1) Where, under section 11, possession has been taken of any

controlled article, then—

(a) if it is decided to institute criminal proceedings against

any person in respect of an offence against this Act

involving the controlled article, the Controller may—


(i) retain the controlled article until the conclusion of

those criminal proceedings and, except where the

court orders confiscation thereof under section 26,

shall dispose thereof in such manner as the court

may order; or

(ii) order that the controlled article be sold in such

manner as will secure a reasonable price for it in

the circumstances, and the proceeds of sale shall

be kept until the conclusion of those criminal

proceedings and, except where the court orders

confiscation thereof under section 26, shall be

disposed of in such manner as the court may order;

(b) if it is otherwise decided, the Controller shall either

restore possession to the owner or, instead of restoring

possession, pay to the owner of the controlled article the

maximum price fixed by any written law in respect of the

controlled article or, if no maximum price has been so

fixed, the market price of the controlled article, less an

amount not exceeding twenty-five per centum of the

maximum price or market price, as the case may be, being

the expenses certified by the Controller to have been

incurred by him in taking possession, storing and restoring

possession of the controlled article as aforesaid.

(2) Where, under section 11, possession has been taken of any

vehicle, vessel or thing other than a controlled article, then—

(a) if it is decided to institute criminal proceedings against

any person in respect of an offence against this Act

involving the vehicle, vessel or thing, the Controller

may—

(i) retain the vehicle, vessel or thing until the

conclusion of those criminal proceedings and,

except where the court orders confiscation thereof

under section 26, shall dispose thereof in such

manner as the court may order; or

(ii) temporarily return the vehicle, vessel or thing to

the owner thereof on security being furnished to


the satisfaction of the Controller that the vehicle,

vessel or thing will be surrendered to him on

demand;

(b) if it is otherwise decided, the Controller shall restore

possession to the owner.

Delegation of powers

13. (1) The Controller may in writing delegate all or any of his

powers, duties or functions under this Act or any regulations made

thereunder to any supplies officer, and may at any time revoke any

such delegation.

(2) No delegation under subsection (1) shall be deemed to divest

the Controller of any of his powers, duties or functions and he may, if

he thinks fit, exercise those powers, duties and functions

notwithstanding any such delegation.

PART III

OFFENCES AND PENALTIES

Prohibition against selling greater quantity of controlled articles

than required for ordinary use

14. Any person who sells any controlled article to any other person

in excess of the quantity which may be lawfully acquired by such

other person in accordance with any regulations made under section 6


Prohibition of concealment or destruction of controlled article

15. Any person who conceals or destroys any controlled article in

order to withhold the article from the market shall be guilty of an


Offence to sell controlled articles without a licence

16. Any person, not being the holder of a valid licence issued under

this Act or any regulations made thereunder, who, either on his own


behalf or on behalf of any body corporate of which he is a director or

officer or on behalf of any firm of which he is a partner, sells by

wholesale or retail any controlled article or any person, being the

holder of any such licence, who so sells any controlled article in any

premises or at a place other than the premises or place specified in

the licence, or who so sells any controlled article contrary to any

conditions expressed in the licence, shall be guilty of an offence

against this Act.

Offence of falsely denying possession of, or refusing to sell,

controlled article

16A. (1) Any person, being the holder of a valid licence issued in

accordance with section 7 to sell by wholesale or retail any controlled

article, or any person exempted from the requirement of holding such

a licence, who has in his possession a stock of the article and who—

(a) falsely denies that he has the article in his possession; or

(b) refuses, except with the permission of the Controller or

any supplies officer authorized in that behalf by the

Controller in writing, to sell the article in reasonable

quantities in the ordinary way of business,


(2) It shall be a defence to a charge under paragraph (1)(b) that

the accused had reasonable grounds for believing that the purchaser

was unable or unwilling to make immediate payment of the price of

the article in cash.

(3) The servant or agent of any holder of a valid licence issued in

accordance with section 7 to sell by wholesale or retail any controlled

article or the servant or agent of any person exempted from the

requirement of holding such a licence shall be deemed to have in his

possession a stock of the article if any such article is being kept or

stored in the premises where he is employed and if he sells the article

on behalf of his employer or principal in the ordinary course of his

employment.


Retailers to display licence and list of controlled and rationed

articles

17. (1) Any person carrying on retail business in any premises or at

any place in respect of which a licence has been issued under this Act

or any regulations made thereunder, shall display in a conspicuous

position, so that they may be easily read by any person purchasing

controlled or rationed articles in that premises or at that place—

(a) the original of the licence; and

(b) a list in the national language, in the Rumi or Jawi script,

and in English of the controlled articles or rationed

articles sold in that premises or at that place and a

translation thereof in any language which the Controller

may direct.

(2) Any person who fails or refuses to comply with subsection (1)


Supply of rationed foodstuffs

18. (1) Except under the authority of the Controller or under and in

accordance with this Act or any regulations made thereunder or of

any direction or licence issued thereunder, no person shall obtain or

attempt to obtain, and a retailer shall not supply or offer or attempt to

supply, any rationed food for household consumption, and any person

who contravenes this subsection shall be guilty of an offence against

this Act.

(2) For the purposes of this section “household consumption”

means all consumption of food other than food consumed in or

supplied by residential establishments, institutions and catering

premises and “catering premises” means any business or undertaking

established for the purpose of serving meals to the public, and

includes a restaurant, coffee stall, buffet, inn, public house or any

place or refreshment open to the public, but does not include a hotel

or boarding house which provides meals for persons resident therein

for more than one day.


Illegal conditions

19. Any person who, in selling any controlled article, imposes,

except with the permission of the Controller, any condition of sale

other than a condition of sale—

(a) requiring immediate payment therefor;

(b) prescribing the time within which payment must be made

or delivery taken; or

(c) requiring a deposit in respect of sale of any such goods,


Removal of controlled articles from business premises and

storage of controlled articles in premises other than premises

specified in the licence, and dealing in controlled articles

otherwise than in normal course of business

20. (1) Any person who removes any controlled article or causes or

permits any controlled article to be removed from any premises

specified in the licence or stores any controlled article or causes or

permits any controlled article to be stored in any premises, other than

premises specified in the licence or premises approved by the

Controller for such storage, shall be guilty of an offence against this

Act.

(2) The Controller, any supplies officer or any police officer not

below the rank of Inspector, if he suspects that any controlled article

is being stored or dealt in in any premises in contravention of this

section, may, notwithstanding any law to the contrary for the time

being in force, without a search warrant enter upon the premises for

the purpose of ascertaining whether or not any such controlled

articles are in those premises.

(3) In any prosecution for an offence under this section it shall be

sufficient for the prosecution to prove that any controlled article, to

the ownership or possession of which the defendant was entitled, was

found in premises other than premises specified in the licence or

premises approved by the Controller, and the burden of proving that


the defendant is not guilty of an offence against this section shall then

lie upon the defendant.

(4) Any controlled article found in the course of a search under

subsection (2) upon premises other than premises specified in the

licence or premises approved by the Controller, in regard to which an

offence against this section is reasonably suspected to have been

committed, may be removed by the Controller or other person

authorized by the said subsection to carry out the search and, if not

claimed within one month of the removal, may be sold by order of

the Controller, and the proceeds of any such sale shall be paid into

the Consolidated Fund.

Unlawful possession of controlled articles

21. Any person in possession or control of any controlled article in

such circumstances as to raise a reasonable suspicion that an offence

against this Act has been or is intended to be committed by him in

relation to the controlled article, shall be guilty of an offence against

this Act unless he satisfies the court that the offence has not been and

was not intended to be committed by him.

Penalties

22. (1) Any person, other than a body corporate, but including a

director or officer of a body corporate, who commits an offence

against this Act shall, on conviction, be liable to a fine not exceeding

one hundred thousand ringgit or to imprisonment for a term not

exceeding three years or to both, and for a second or subsequent

offence, to a fine not exceeding two hundred and fifty thousand

ringgit or to imprisonment for a term not exceeding five years or to

both.

(2) Any body corporate which commits an offence against this

Act shall, on conviction, be liable to a fine not exceeding two

hundred and fifty thousand ringgit and, for a second or subsequent

offence, to a fine not exceeding five hundred thousand ringgit.

(3) Where any person is convicted of an offence against this Act,

the court by which he is so convicted may, whether or not it imposes

any other penalty, make an order cancelling any licence issued under

this Act or any regulations made thereunder to him, or to any firm of


which he is a partner, or to any corporation of which he is a director

or officer, and debarring him or the firm or corporation from

obtaining a new licence either absolutely or for such period as the

court may determine, or may suspend the licence for such period as

the court may determine.

(4) Where a person charged with an offence against this Act is a

body corporate every person who, at the time of the commission of

such offence is a director or officer of that body corporate may be

charged jointly in the same proceedings with the body corporate, and

where the body corporate is convicted of the offence charged, every

such director or officer shall be deemed to be guilty of the offence

unless he proves that the offence was committed without his

knowledge or that he took reasonable precautions to prevent its

commission.

(5) Any person who would have been liable for an offence

against this Act to any penalty for anything done or omitted if the

thing had been done or omitted by him personally, shall be liable to

the same penalty if the thing has been done or omitted by his partner,

agent or servant, unless he proves that he took reasonable precautions

to prevent the doing or omission of such thing.

Compounding of offences

22A. (1) The Controller of Supplies or supplies officer authorized

by him in writing, with the consent in writing of the Public

Prosecutor, may compound any offence which is prescribed to be a

compoundable offence by collecting from the person reasonably

suspected of having committed such offence a sum of money not

exceeding such amount as may be prescribed.

(2) Upon receipt of the payment under subsection (1), no further

proceedings shall be taken against such person in respect of such

offence and where possession has been taken of any controlled article

or any vehicle, vessel or other article or the proceeds of sale of any

controlled article under this Act or any regulations made thereunder

in connection with such offence, such controlled article, vehicle,

vessel or other article or the proceeds of sale of any controlled article

may be released, subject to such conditions as may be imposed.


(3) Where any person has compounded an offence under this Act

or any regulations made thereunder, evidence of the notice of

acceptance of the offer to compound shall, on production to any

court, be treated as proof of the commission of the offence by that

person and of the matters set out therein.

(4) (Deleted by Act A1270).

Saving

23. No proceedings shall be instituted under this Act or any

regulations made thereunder against any person duly authorized in

that behalf by the Controller who has knowingly done or omitted to

do any act which would, but for this section, have been an offence,

provided that he has done or omitted to do the act with the intention

of procuring evidence for the purpose of prosecuting the seller for an


PART IV

MISCELLANEOUS AND REPEAL

Minister may appoint Boards and Committees

24. (1) The Minister may appoint such Boards or Committees as he

may think fit for the purpose of assisting him in carrying into effect

this Act or any regulations made thereunder and may delegate to

them such of his powers (other than those conferred by section 6) and

may require them to perform such of his duties as he may think

necessary.

(2) No delegation under subsection (1) shall be deemed to divest

the Minister of any of his powers or duties and he may, if he thinks

fit, exercise those powers and perform those duties notwithstanding

any such delegation.

Information given by accused person admissible in evidence

24A. Notwithstanding any law to the contrary for the time being in

force, any information given by any person, whether orally or in

writing, in compliance or purported compliance with any request


made or in response to any question put to him under this Act or any

regulations made thereunder may be given in evidence in any

proceedings against that person for an offence against this Act

notwithstanding that it may tend to incriminate him in respect of the

offence with which he is charged.

Burden of proof

25. In any prosecution in respect of an offence against this Act

upon a charge of doing any act which is unlawful unless the person

doing the act is entitled to do so by reason of his being the holder of a

licence, permit or written permission, consent, authorization or

exemption entitling him to do that act, it shall be sufficient for the

prosecution to allege and prove his doing that act and the onus shall

then be upon the accused to show that he was entitled to do the act.

Power of court to confiscate

26. (1) Where any person is convicted of an offence against this

Act the court may order the confiscation in whole or in part of—

(a) any controlled article in respect of which the offence has

been committed which has been seized by, or has

otherwise come into the possession of the Controller or

any person acting under his authority or any vehicle,

vessel or other article, the property of the accused, by

means of which the offence has been committed or which

is intended to be used for the commission of an offence

against this Act; or

(b) the proceeds of sale of any such controlled article if it has

been sold under section 12.

(2) Where confiscation is ordered under subsection (1), the court

shall deliver the controlled article, proceeds of sale, vehicle, vessel or

other article confiscated (if not already in possession of the

Controller) to the Controller or to any person designated by him, and

shall give directions as to their disposal.


Jurisdiction of courts

27. Notwithstanding anything to the contrary contained in any

other written law, a court of a Magistrate of the First Class shall have

jurisdiction to try any offence under this Act and to award the full

punishment for any such offence.

Joinder of offences

28. Notwithstanding any law to the contrary for the time being in

force, when a person is accused of more than one offence against this

Act he may be charged with and tried at one time for any number of

those offences.

Protection of informers

29. (1) Except as hereinafter mentioned, no evidence as to any

written or oral information in respect of any offence alleged to have

been committed against this Act or any regulations made thereunder

shall be admitted in evidence in any civil or criminal proceedings

whatsoever, and no witness shall be obliged or permitted to disclose

the name or address of any informers or to state any matter which

might lead to the discovery of the identity of the informer.

(2) If any books, documents or papers which are in evidence or

liable to inspection in any civil or criminal proceedings whatsoever

contain any entry in which any informer is named or described or

which might lead to the discovery of his identity, the court shall

cause all such passages to be concealed from view or to be obliterated

so far as may be necessary to prevent the discovery of the identity of

the informer, but no further.

(3) If in any civil or criminal proceedings whatsoever the court,

after full enquiry into the case, is of the opinion that the informer

wilfully made in any information furnished by him a material

statement which he knew or believed to be false or did not believe to

be true, or the court is of the opinion that justice cannot be fully done

without the discovery of the identity of the informer, it shall be

lawful for the court to require the production of the original

information, if in writing, and to permit enquiry and require full

disclosure concerning the informer.


(4) For the purpose of this section “informer” includes every

person who is not called as a witness for the prosecution in a criminal

case and who has made any complaint or report or furnished any

information, oral or documentary, in respect of any offence against

this Act alleged to have been committed by any person.

Repeal and saving

30. (1) The written laws specified in the Schedule are hereby

repealed.

(2) Notwithstanding the repeal of the Food Control Proclamation

[B.M.A. No. 10] the following provisions shall have effect:

(a) any rule, regulation or order made under the said

Proclamation and in force immediately before the

commencement of this Act shall, so far as it is not

inconsistent with this Act, be deemed to have been made

under the corresponding provisions of this Act, and shall

continue in force until it has been revoked, amended or

replaced by orders or regulations made under this Act;

(b) any licence, permit or authority granted or issued under

the said Proclamation shall, so far as it could have been

granted or issued under this Act, continue in force until

superseded, revoked or otherwise terminated and shall

have effect as if granted or issued under this Act:

Provided that any such licence, permit or authority

which is expressed to remain in force for a definite period

shall not remain in force after the expiration of that period

unless it shall be renewed in accordance with this Act;

(c) any person appointed to any office under or by virtue of

the said Proclamation shall be deemed to have been

appointed to that office under or by virtue of this Act.


SCHEDULE

[Section 30]

S.S. Ord. No. 16 of 1939 … … Food Control Ordinance 1939

F.M.S. En. No. 21 of 1939 … … Food Control Enactment 1939

Johore En. No. 15 of 1939 … … Food Control Enactment 1939

Kedah En. No. 15 of 1358 … … Food Control Enactment

Kelantan En. No. 25 of 1939 … Food Control Enactment 1939

Perlis En. No. 5 of 1358 … … Food Control Enactment 1358

Terengganu En. No. 10 of 1358 … Food Control Enactment 1358

B.M.A. Proclamation No. 10 … Food Control Proclamation

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Act 122


LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 80/1964 Modification of Laws (Price 05-03-1964

Control and Control of Supplies)

(Extension) Order 1964

L.N. 106/1964 Modification of Laws (Price 05-03-1964

Control and Control of Supplies)

(Extension) (No. 2) Order 1964

Act A196 Control of Supplies (Amendment) 01-06-1973

Act 1973


Act 1975

Act 160 Malaysian Currency (Ringgit) Act 29-08-1975

1975

Act 771 Control of Supplies (Amendment) 11-05-1990

Act 1990


Act 2006

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28

LAWS OF MALAYSIA

Act 122


LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A771 11-05-1990

Act A1270 14-09-2006

5 Act A771 11-05-1990

Act A1270 14-09-2006

5A Act A771 11-05-1990

6 Act A196 01-06-1973

Act A771 11-05-1990

Act A1270 14-09-2006

7 Act A196 01-06-1973

Act A771 11-05-1990

Act A1270 14-09-2006

8 Act A1270 14-09-2006

9 Act A1270 14-09-2006

10 Act A287 28-02-1975

Act A1270 14-09-2006

11 Act A287 28-02-1975

Act A1270 14-09-2006

12 Act A287 28-02-1975

13 Act A771 11-05-1990

16 Act A771 11-05-1990

16A Act A287 28-02-1975

Act A771 11-05-1990

17 Act A771 11-05-1990


Section Amending authority In force from

18 Act A196 01-06-1973

Act A771 11-05-1990

20 Act A1270 14-09-2006

22 Act A196 01-06-1973

Act 160 29-08-1975

Act A771 11-05-1990

Act A1270 14-09-2006

22A Act A771 11-05-1990

Act A1270 14-09-2006

23 Act A771 11-05-1990

24 Act A771 11-05-1990

24A Act A287 28-02-1975

Act A771 11-05-1990

26 Act A287 28-02-1975

27 Act A771 11-05-1990

28 Act A196 01-06-1973

29 Act A771 11-05-1990

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LAWS OF MALAYSIA - Attorney General's … LAWS OF MALAYSIA Act 122 CONTROL OF SUPPLIES ACT 1961...

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